For Disrepair
YOUR ENTITLEMENT…
What You Need to Know About Housing Disrepair Claims
Have you been experiencing dampness, leakage, or mould in your residence? If that is the case, it may be time to get in contact with legal professionals to help you with a housing disrepair claim.
Can I File a Housing Disrepair Claim?
As a renter, you are legally entitled to reside in a property that is secure and devoid of any disrepair issues that could potentially harm you or your loved ones.
Unstable Building
Including Cracking and Subsidence
Leaks
Damp and Mould issues
No hot water/heating
Poor ventilation
Including failed windows
Drainage + sanitation issues
Including unusable toilets, basins and sinks
Electrical hazards
Including unsafe plug sockets and electrical appliances
Pest Infestation
Plus other home issues you may face
Due to your Landlord not fulfilling their responsibilities
Your Landlord…
The responsibilities of a landlord are outlined in various legal frameworks
Particularly under the Landlord and Tenant Act (LTA) 1985. According to Section 11 of this Act, a landlord is required to:
Maintain the building and its exterior
Which includes elements like external pipes, drains and gutters.
Ensure that the installations within the property for water, gas, electricity
and sanitation remain in good repair and ideal working condition.
Disrepair refers to situations where the landlord has neglected to uphold the maintenance of the property’s structure and exterior.
It can also involve issues impacting the provision of essential utilities such as water, gas, or electricity.
- When pursuing a claim against a landlord, the primary goal is to ensure the necessary repairs are completed promptly, allowing you to live in a safe and functional home. However, if you are planning to move out or the landlord has already resolved the issue, you will no longer be eligible to file a housing disrepair claim.
- If you are eligible for financial compensation, it will be due to the fact that the issues you have encountered have remained unresolved for a significant period of time, causing suffering to you or your family members.
- If this situation applies to you, you could be eligible to make a claim. However, don’t delay; once your landlord addresses the problem or you move out, you will no longer be able to seek compensation.
Leak
Mould and Damp
Appalling Conditions
Unfit to House Humans
About Housing Disrepair Claims
Landlords, whether private, council/local authorities, or housing associations, are responsible for ensuring their properties are safe, secure, and well-maintained. When landlords fail to meet these obligations, tenants may be forced to live in unsafe conditions, which can justify filing a claim.
The Homes (Fitness for Human Habitation) Act, introduced in 2019, strengthened tenants’ rights, empowering them to take legal action against landlords who neglect their duties, ensuring that rented properties are suitable for habitation. This Act holds landlords accountable for maintaining a safe living environment.
If you are living in disrepair and have already notified your landlord, you may be able to take legal action by filing a housing disrepair claim. This could not only secure compensation for you but also compel your landlord to address the issues and make necessary repairs.
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People affected in England
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Private Renters affected (Eng)
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Issues with Damp & Mould
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Lack of hot water/heating
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FAQ's
Housing disrepair claims are legal actions initiated by tenants or occupants against their landlords due to their failure to execute required repairs on the property. These claims arise after the tenant has reported the issues and allowed the landlord adequate time to fix them. If the landlord fails to address the problems, they are in breach of their duty to ensure the property remains safe and habitable for the occupants.
The compensation you may receive depends on the extent of the disrepair, how long the issue has persisted, and its impact on you. Claims can cover damage to personal belongings, injuries, and the inconvenience caused by the disrepair. On average, compensation amounts can reach into the thousands of pounds, reflecting the severity of the situation.
As a tenant, you can file a housing disrepair claim if you’ve reported issues with your home to your landlord and they’ve failed to address them within a reasonable time. If the landlord neglects to make the necessary repairs, you can seek compensation and have the problems resolved through legal action.
In accordance with LTA 1985, Section 11, a tenant can initiate a housing disrepair claim if their landlord is found to be neglecting their duty to maintain the property. This primarily pertains to structural damage to the property. Once a claim has been initiated, damage to your personal items and any health issues caused by the disrepair will also be put into consideration.
It is important to bear in mind that you cannot make a disrepair claim if the issue has been addressed, you no longer live there, or you’re in significant rent arrears. Also, you cannot initiate a claim if you have been served an eviction notice. For this reason, we recommend not telling your landlord that you are thinking of taking legal action.